Official Dispatch No. 1953/BHXH-CD dated October 03, 2018 of the Ho Chi Minh City Social Security on issuance of letters of confirmation of eligibility to receive social insurance benefits

THE VIETNAM SOCIAL SECURITY

THE HO CHI MINH CITY SOCIAL SECURITY

Official Dispatch No. 1953/BHXH-CD dated October 03, 2018 of the Ho Chi Minh City Social Security on issuance of letters of confirmation of eligibility to receive social insurance benefits

To:Medical facilities in Ho Chi Minh City

Below are guidelines from the Ho Chi Minh City Social Security on issuance of letters of confirmation of eligibility to receive social insurance benefits (hereinafter referred to as “confirmation letter”) which is specified in Circular No.56/2017/TT-BYT dated December 29, 2017 of the Ministry of Health guiding a number of Articles on health of the Law on Social Insurance and the Law on Occupational Safety and Hygiene:

1. Issuance of confirmation letters:

Previously, blank confirmation letters are issued by social insurance authorities to medical facilities which are then given to their patients as proof of eligibility for insurance benefits. However, the Circular No.56/2017/TT-BYT, which comes into force from March 01, 2018, does not specify the responsibility for issuance of confirmation letters by social insurance authorities. Pursuant to Article 2 Article 28 of the Circular, the blank confirmation letters issued before the effective date of the Circular No. 56/2017/TT-BYT may be used until the end of December 31, 2018. As for that reason, blank confirmation letters granted by social insurance authorities to medical facilities are still valid until the end of December 31, 2018.

At the moment, social insurance authorities have 12,000 confirmation letter forms No. 1 and 13,000 confirmation letter forms No. 2. Therefore, the Ho Chi Minh City Social Security still provides medical facilities with blank confirmation letters on demand until December 31, 2018 as long as they are still available. If blank confirmation letters are not available before December 31, 2018, medical facilities shall print out their own confirmation letters according to the specimen provided in Appendix 7 issued together with Circular No.56/2017/TT-BYT and take responsibility for their issuance as regulated.

2. Return of confirmation letters granted before December 31, 2018:

Medical facilities must return all blank confirmation letters to the social insurance authorities (including both used and unused confirmation letters)from January 01, 2019 to December 31, 2019.From January 01, 2019, employees using confirmation letter forms that are issued by social insurance authorities shall not be eligible to receive social insurance benefits.

3. In addition to regulations in Circular No.56/2017/TT-BYT and Document No.1460/SYT-NVY dated March 13, 2018 of the Ho Chi Minh City Health Department, medical facilities shall follow these instructions:

3.1. Issuance of confirmation letters:

- Issuance of confirmation letters must comply with the forms and instructions provided in Appendix 7 issued together with Circular No.56/2017/TT-BYT.

- Medical facilities must use the correct confirmation letter forms, clearly provide all information required in the confirmation letter in Vietnamese using one single color ink, do not erase any information in the confirmation letter (same information for 2 copies); timely grant the confirmation letter to the employee coming to the medical facility for health examination (or accompany with his/her children) or after the inpatient treatment end and such employee is discharged from the hospital; the issuance date must be the day on which the employee taking medical examination, and the confirmation letter must not be issued retroactively or in advance. The confirmation letter must not be granted to the employee not receiving medical examination and treatment (fraudulent confirmation letter).

- Only one confirmation may be issued each doctor visit.

In cases the patient needs to rest for more than 30 days or beyond the leave period specified in the granted confirmation letter, the patient must undergo a follow-up examination.

- The confirmation letter must bear signature and full name of the physician who works at the medical facility and is authorized to sign the confirmation letter by the head of such medical facility; Director or Deputy Director or Heads of departments, divisions or medical centers of such facility must sign and seal the confirmation letter and provide their full names as authorized on behalf of the Director under a written authorization and take legal responsibility for accuracy and truthfulness of the issued confirmation letter.

- In case the head of the medical facility (or another person authorized by the head of the medical facility) who has the right to sign and seal the confirmation letter is also the examining physician, he/she shall only sign and seal as the head of the medical facility, not as the physician and specify the issuance date of the confirmation letter.

- When issuing a confirmation letter to a patient receiving long-term treatment, the physician is required to specify the full name of such patient and disease code as specified in the list of diseases requiring long-term treatment issued by the Ministry of Health.

- All re-issued confirmation letters (including the following documents: discharge notes, birth certificates, confirmation of maternity leave and confirmation of poor postpartum health) must bear the reissuance seal; any revisions to the certificate must bear the seal of the medical facility (the seal registered with the social insurance authority).

- Social insurance authorities shall reject confirmation letters and other documents issued against regulations in Circular No.56/2017/TT-BYT, in which case, the medical facility shall pay compensation for the employee.

3.2 Responsibilities of the medical facility for registration of seal and signature on confirmation letters:

+ If the medical facility is a juridical person: The seal shall be registered with the social insurance authority according to the seal specified in Appendix 8 issued together with Circular No.56/2017/TT-BYT.

+ If the medical facility is not a juridical person: The seal of the medical facility and the signature on confirmation letters shall be registered with the social insurance authority according to regulations in Appendix 8 issued together with Circular No.56/2017/TT-BYT.

- If there is any change to the seal or the authorized to sign the confirmation letter, a written notification must be sent to the social insurance authority of province where the head office of such medical facility is located within 5 working days from the day on which such change is made. The medical facility using digital signature must comply with provisions of the law on digital signature.

- The written authorization for signing and sealing confirmation letters must include all information required and must be sent to the social insurance authority of province where the head office of the medical facility is located.

Medical facilities are required to proactively prepare a plan for printing out the confirmation letter according to their actual conditions and grant such confirmation letter under the aforementioned guidance./.

The Director

Phan Van Men